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PETITIONER, A PROBATIONARY EMPLOYEE AND THE ONLY FEMALE MANUAL-LABOR EMPLOYEE OF THE DEPARTMENT OF PUBLIC WORKS, DEMONSTRATED SHE WAS TERMINATED SOLELY BECAUSE OF HER GENDER; SUPREME COURT PROPERLY REINSTATED HER WITH BACK PAY (THIRD DEPT).

The Third Department determined petitioner, a probationary employee of the Department of Public Works (DPW), was terminated based solely upon her gender and was properly reinstated with back pay:

Despite receiving two interim probationary reports that indicated her performance was satisfactory during the course of her employment, on April 3, 2018, petitioner was called to a meeting with respondent Daniel Crandell, DPW’s Commissioner, at which she was terminated after being told that she was “just not a good fit.” Although petitioner received a written termination letter at the close of that meeting, petitioner received no prior warning or notice of any problematic conduct. Notably, petitioner was the only female employee of DPW that was in a position of manual labor at the time of her termination. * * *

“Judicial review of the discharge of a probationary employee is limited to whether the determination was made in bad faith or for an improper or impermissible reason” … . * * *

Supreme Court found that, “[i]n the absence of any credible evidence that her work performance provided a basis for her termination, [it was] compelled to find that the only reason she was terminated was because of her gender.” Significantly, the court found respondents’ assertions regarding “[p]etitioner’s alleged argumentative attitude” to “reflect more of a post-termination justification for her dismissal than a valid or proper basis for the termination of her employment.” … [R]espondents failed to meet their burden of establishing a legitimate, nondiscriminatory purpose for petitioner’s termination … . Matter of Triumpho v County of Schoharie, 2021 NY Slip Op 06727, Third Dept 12-2-21

 

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